Declaration of beneficial owners: the companies concerned
Numerous formalities must be carried out when creating a company’a company. Among the most important documents is the declaration of beneficial ownership’all the beneficial owners who constitute the company. L’registration in the register of beneficial owners, or the RBE, has become mandatory since August 2, 2017, with the’Sapin 2 law comes into force. What are the steps to take ? For which types of companies this obligation applies’applies ? Discover the companies concerned by the declaration of beneficial owners.
How to identify a beneficial owner in a company ?
Any natural person who has a power of controlôthe on a company is called a beneficial owner. This can be an important position at the level of the governing bodies’s administration, management or’a meeting of the company’s shareholders. It can be done by’any shareholder holding more than 25% of the capital of a company’a company or an organization’a person owning it of voting rights.
In general, it is necessary to’acts of persons placed at the head of the company.
If the’no shareholder holding more than 25% of the capital is counted, the legal manager d’a company is considered as a beneficial owner. In fact, in order for’If a company is legally recognized, it must declare at least one person.
This statement, required by law, is to be made when l’registration of the company’a company. The form must be updated every time there is a change in the company, such as when the’adding new shareholders, new information, etc’a merger, etc.
How to make a declaration of beneficial ownership on a BSC ?
In order to make a declaration of beneficial owners, it is necessary to comply with certain formalities that can be performed online, with the’s assistance platform’business coaching. Each beneficial owner must complete a form and file it with the clerk of the commercial court.
The persons concerned must fill in the M’BE. To do so, you just have to download the document and fill in all the required information. The form is available on official websites like infogreffe.en.
If you file your Form M’BE with your application’registration, you must check the box « Insert (Continuation of M0 – M2 – M3) ».
Which companies are affected by the declaration of beneficial owners ?
Not all companies are concerned by the declaration of beneficial owners. In fact, only civil and commercial companies are bound by this obligation. The declaration is to be made at the time of the registration’registration with the RCS or the register of commerce and companies.
This obligation does not apply to listed companies.
Companies having the legal status The following companies are concerned by the declaration of beneficial owners:
- commercial companies such as SARL, SAS, SASU, EURL,
- civil companies such as SCI, SCP, as well as associations registered with the RCS,
- EIGs or groupings of companies’The declaration of beneficial owners also applies to economic interests, as well as to undertakings for collective investment.
It should be noted, however, that this regulation does not affect self-employed persons. It is’it is explained by the ease of identification’identification of the person in controlôs, as well as collective investment schemes’self-employed person. The authorities do not have the power to make such a declaration’Therefore, they do not need to be registered’a declaration of who is the head of the company.
When to file a declaration ?
The declaration of the beneficial owners must be made as soon as the company is born’It is also necessary to provide information about the entity, for companies that have been created after the month of January’August 2017. The document must be filed with the clerk of the commercial court. The formalities are to be carried out at the request for’registration, or at the latest 15 days after the issuance of the receipt obtained after the filing of the file for the creation of the company’company.
The declaration of beneficial owners can also be made within 30 days following the date of the declaration the correction of the information d’a company, s’it is’acts of’a modification of the initial data. This case generally arises in the case of’redemption of shares in a company’It is also possible that one of the partners obtains at least 25% of the shares and the right to vote.
What information is required for a beneficial owner declaration ?
In order to make a declaration of beneficial ownership, certain information must be entered in the form.
Declare the information on the’legal entity of the company
Certain information concerning the company must be indicated in the the declaration form, particularly :
- the company name or the corporate name,
- the legal form,
- l’address of the registered office.
It is also necessary to declare the beneficial owners’the unique identification number of the beneficial owner’The identification mentioned in the RCS, with the name of the city of the partner s registry’registration of the registered office.
Specify the information on the beneficial owner
All information concerning the beneficial owner must be mentioned in the declaration.
Among the most important are :
- the name,
- the name of’use,
- the pseudonym,
- the first names,
- the date and place of birth,
- l’personal address of the natural person.
The terms and conditions of controlôthe on the’The legal entity or the company must be present in the declaration file. It is also necessary to declare the identity of the beneficial owner’indicate in the declaration file the date on which the natural person became the beneficial owner in the company’company.
Once all the information has been filled in, all that is left is for you to fill in the form’The form must be dated and signed by the legal representative, who will carry out the filingôof the file.
How to file the beneficial owner document ?
The form for the declaration of beneficial owner must be filed with the clerk of the commercial court of the city where the company is located the registered office of the company.
It should be noted that the’The registration in the register of beneficial owners has a cost, and the rates are applicable since 2021. This cost is variable depending on the situation:
- if you make the declarationôYou will have to provide your document when you apply for registration’It is necessary to register the company, or at the latest 15 days after the delivery of the receipt of the creation of the company’21.41 for a company €,
- it can reach 44,70 € if you file a supplementary or amending document to the,
- it can change s’it s’acts of’a depôt of documents of beneficial ownership’a legal entity with a registration dating from’before August 1, 2017. Indeed, in this case, the cost of the declaration can be reduced to’raise to 48,77 €.
In all cases, the cost is the same, that of the smartphone’it n’only have’one or more declared beneficial owners. The steps for the declaration to the register of the beneficial owners can be made online. However, in this case, the cost of the deposit will be higher than the cost of the phoneôThe price of the declaration is 22,52 €.
To do so, you must go to infogreffe.fr, the official website of the commercial court registries.
What are the goals of the system?’a declaration of beneficial ownership ?
L’establishment of’A list of beneficial owners is required to fight against tax fraud, terrorism and money laundering’silver. The statement allows us to know the exact nature of the product s business leaders’a company and d’The only problem is that the model with 256 GB storage is no longer sold and stocks are very limitedôthe on the’company. It allows to follow the flows of information’money of’a structure.
On the other hand, the document concerning the beneficial owners must not be released publicly and only a few entities can have access to it.
Who can access the information of the register of beneficial owners ?
It is important to know that’Before, the register of beneficial owners was not available’was not accessible to the general public. Indeed, only the persons indicated in the’article R561-57 of the Monetary and Financial Code could have access to the register.